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SUDESH BANSAL
Rajasthan State Road Transport Corporation – Appellant
Versus
Amerjeet Singh – Respondent
JUDGMENT
Sudesh Bansal, J. - The appellants-defendants Rajasthan State Road Transport Corporation (hereafter 'the RSRTC') have preferred this second appeal assailing the judgment and decree dated 23-11-2017 passed by the Additional District Judge No. 7, Jaipur Metropolitan City in first appeal No. 12/2011 allowing appeal reversed the judgment dated 9-5-2011 passed by the Additional Civil Judge (Junior Division) No. 5, Jaipur Metropolitan City in civil suit No. 143/2008 and decreed the suit for declaration for allowing pay scale Rs. 5500-150-9000 of the post of Traffic Inspector on completion of service of 18 years and Rs. 6500-200-10500 of the post of Depot Manager on completion of service of 27 years and to pay arrears of differential amount with interest at the rate of 8%.
2. Facts as culled out from the record are that respondent-plaintiff-employee (hereafter 'the employee') filed a suit for declaration challenging the order No. 1272 dated 5-2-2003 and claiming that pursuant to order of State Government dated 25-1-1992 he was entitled for the pay scale Rs. 5500-150-9000 of the post of Traffic Inspector on completion of service of 18 years and Rs. 6500-200-10500 of the post of Depo
The main legal point established in the judgment is the importance of upholding principles of natural justice in employee rights cases and the jurisdiction of the Civil Court in such matters.
The main legal point established in the judgment is that the Civil Court has jurisdiction to decide disputes related to employee benefits, and that the findings of fact recorded by the lower courts s....
The court affirmed the plaintiff's entitlement to selection scales based on service duration, rejecting claims of misconduct and jurisdictional issues.
The denial of pay scale benefits to petitioners after 18 years of service is unjustified; they are entitled to the pay scale of Sub-Inspector as per M.T. Cadre.
The differentiation in granting selection grade based on service record, as established in the State of Rajasthan Vs. Shanker Lal Parmar case, was a key legal principle influencing the court's decisi....
Civil courts lack jurisdiction over employment disputes governed by the Industrial Disputes Act, necessitating resolution in designated forums.
Tribunal cannot grant higher promotional pay scale to one cadre's employees matching another distinct cadre's juniors by one-time parity, as it exceeds jurisdiction absent Article 14 violation from r....
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